Laws governing the initiative process in Arizona
From Ballotpedia
Arizona Basics:
Deadlines
Initiative language can be submitted to the state any time after even-year general elections. The next gubernatorial election is in 2008. To qualify an initiative for the November 2008 general election ballot, signatures must be submitted by July 3, 2008.
Signatures
The number of signatures required to qualify an initiative for the ballot is tied to the number of votes cast for the office of Arizona governor in the most recent gubernatorial election. The number of signatures to qualify a statute is 10% of votes cast for governor (153,365 signatures required for 2008) and 15% to qualify a constitutional amendment (230,047 signatures required for 2008). Once the signatures are submitted, they are validated via random sampling by the Arizona Secretary of State. This process usually takes about a month.
Circulation period
Two years or less, or rather between 2006 and 2008. See petition drive deadlines in 2008.
Legislative tampering
In Arizona, the legislature cannot repeal an initiative. However, they can amend an initiative if amending legislation furthers the purposes of such measure and three fourths of the members of each house vote to amend it.
Circulator residency requirements
In order to collect signatures in Arizona one must have residency there. The circulator swears to an affidavit appearing on each petition that reads:
I, _______, a person who is qualified to register to vote in the county of _______, in the state of Arizona at all times during my circulation of this petition sheet, and under the penalty of a class 1 misdemeanor, depose and say that each individual signed this sheet of the foregoing petition in my presence on the date indicated, and I believe that each signer's name and residence address or post office address are correctly stated and that each signer is a qualified elector of the state of Arizona (or in the case of a city, town or county measure, of the city, town or county affected by the measure proposed to be initiated or referred to the people) and that at all times during circulation of this signature sheet a copy of the Normal and text was attached to the signature sheet.
Circulator misrepresentation a crime
HB 2288 was enacted in May 2008. It makes it a Class I misdemeanour for circulators to "falsely describ(e) the general subject matter of the measure" in the course of asking people to sign a petition to put it on the ballot.
Distribution Requirement
There is no distribution requirement in Arizona.
Form of Petition
Petitions must contain the full text of the initiative, along with a displayed serial number, which is given to them when filed with the Secretary of State.
Single Subject Restriction
Arizona has a single subject requirement.
Language and Certification process
Proponents must file their application with the full text on the proposed initiative along with a Statement of Organization (to comply with Campaign Finance Regulations) in order to begin circulating. At this point, the Arizona Secretary of State does not have to review or approve the language of the ballot, only file it. When proponents turn in the signatures, the signatures are checked. Not until the signatures are certified does the Secretary of State determine how the initiative will be described on the ballot. If the proponents disagree with what the Secretary of State decides to place on the ballot as a description and summary of their measure, they have little recourse except to file a lawsuit. In Arizona, in order to challenge the Secretary of State's ballot title and summary, one must establish that the Secretary of State was "grossly derelict" in his or her duty. The ballot title and summary are then forwarded to the Arizona Attorney General for final approval.
The 60 days preceding the regular primary election are when a person may file with the Secretary of State an argument advocating or opposing the measure or constitutional amendment. No later than sixty days preceding the regular primary the Legislative Council shall prepare and file with the Secretary of State an impartial analysis on the provisions of each ballot proposal of a measure or proposed amendment. This report shall include background information, effects of the measure on existing law, or any legislative enactment suspended by referendum.
After certification, the Secretary of State will hold at least 3 public hearings on the ballot measures. Hearings must be held in 3 different counties and must provide an opportunity for proponents, opponents and the general public to provide testimony and request information about the ballot. (3)
Initiative & Referendum Law
- Arizona Initiative and Referendum Law
- Removal and Recall of Public Officers from Office
- Public Debt, Revenue, and Taxation
- Mode of Amending
- Schedule and Miscellaneous
Arizona Revised Statutes
Revised Initiative & Referendum
- Form of Petitions
- Circulation of Petitions and Signatures
- Filing of Petition and Election Initiative and Referendum in Cities, Towns and Counties
- Recall and Advisory Recall
- Recall of Congress Members
- Recall of District Judges
External links
- Arizona's description of its I&R laws
- National Conference of State Legislatures
- Election Result
- Basic steps to I&R
- Initiative, Referendum and Recall Handbook
- Application for Initiative and Referendum Petition
- Instructions from the Secretary of State on exactly how to prepare the printed petitions
- Instructions from the Secretary of State on Submitting Arguments for or Against Ballot Measures
